After the controversy and the accusations of poor clarity on methods and controls that will be necessary from 15 October, when the mandatory green pass in the workplace, the Presidency of the Council has disseminated the Faq on the Dpcm on the subject addressed to employers and employees. From the differences between the public and private sectors, to the regulations for those who cannot get vaccinated up to the fines for offenders, here are all the measures implemented by the government of Mario Draghi
How should checks be made on the green pass of workers in the public and private sectors?
Each administration / company is autonomous in organizing controls, in compliance with the regulations on privacy and the guidelines issued with the Dpcm October 12, 2021. Employers define the operating procedures for the organization of checks, including random checks, providing priority, where possible, that such checks are carried out at the time of access to the places of work, and identify with a formal deed the persons in charge of ascertaining violations of the obligations referred to in paragraphs 1 and 2. It is appropriate to use verification methods that do not determine delays or queues at the entrance. In the public administrations the assessment, which must take place on a daily basis, primarily in the morning slot of the working day, can be generalized or on a sample basis, provided that not less than 20% of the staff present in service and with a rotation criterion that ensures, over time, control over all employees.
In addition to the app “VerificaC19”, specific functions will be made available to employers, both public and private, to allow for a daily and automated verification of the possession of certifications. These checks may take place through: the integration of the QR code reading and verification system of the green certificate in the control systems for physical access, including those for detecting presence or temperature; for public bodies adhering to the NoiPA Platform, created by the Ministry of Economy and Finance, the asynchronous interaction between the same and the National DGC-Platform; for employers with more than 50 employees, both private and public who are not members of NoiPA, the asynchronous interaction between the Inps institutional portal and the national platform-DGC; for public administrations with at least 1,000 employees, also with service offices located in several physical locations, an application interoperability, in asynchronous mode, between the IT personnel management systems of the, and the national platform-DGC.
How is it possible for people who cannot be vaccinated for proven health reasons to demonstrate that they can access the workplace?
Subjects who, for proven health reasons, cannot carry out the vaccine against Covid-19, must show a certificate containing the appropriate “QR code” being prepared. Pending the release of the relative application, exempt personnel – after transmission of the relative health documentation to the competent doctor of the administration to which they belong – cannot be subjected to any checks.
How can people who are entitled to the green pass but await its release or update prove that they can access the workplace?
For subjects awaiting the issue of valid green certification and who are entitled to it, pending its release and any update, it will be possible to use the documents issued, in paper or digital format, by public and private health facilities, pharmacies, by analysis laboratories, general practitioners and pediatricians of free choice.
What measures must the employer take to ensure that the employee has accessed the place of employment even though he does not have a green pass? What sanctions does the worker risk?
The worker, public or private, is considered unjustified absentee, without the right to a salary, until the presentation of the green pass. In the case of companies with fewer than 15 employees, after the fifth day of unjustified absence, the employer can suspend the worker for the duration corresponding to that of the employment contract stipulated for the replacement, in any case for a period not exceeding ten days. , renewable for one time only.
The employer must then make a report to the Prefecture for the purpose of applying the administrative sanction. In fact, the worker who enters the workplace without a green pass is subject, with a provision by the Prefect, to an administrative penalty ranging from 600 to 1,500 euros. Any disciplinary sanctions envisaged by the sector collective agreements are also applied.
In addition to the salary, any other component of the salary, even of a social security nature, having a fixed and continuous nature, accessory or indemnity, foreseen for the working day not performed, will no longer be paid to the worker without a green pass. The days of unjustified absence do not contribute to the accrual of the holidays and involve the loss of the relative length of service
By whom should checks be carried out on the green pass of workers arriving from leasing companies? By the administration company or by the company to which they are posted?
The checks must be carried out by both, both by the administration company and by the company where the worker carries out his work.
Can the protocols and industry guidelines against COVID-19, which provide rules on the sanitation of company offices, on the use of masks and on spacings, be overcome through the use of the green pass?
No, the use of the green pass is a further measure that cannot lead to the belief that the protocols and guidelines of the sector are out of date.
Do customers have to check the green pass of taxi drivers or drivers of rental cars with driver?
Customers are not required to verify the green pass of taxi drivers or NCC drivers.
Do hairdressers, beauticians and other operators in the personal services sector have to check the green pass of their customers? And do customers have to check the green pass of these operators?
The business owner must check the pass of any employees but must not ask for it from customers, nor are they required to ask for it from those who carry out the work in question.
Is it necessary to verify the green pass of self-employed workers who provide their services to a company and who must therefore access the premises of the same?
Yes, all those who carry out, for any reason, their work or training or volunteer activity in the company premises are subject to control.
Is it possible for the employer to verify possession of the green pass in advance of the time scheduled for access by the employee?
Yes. In cases of specific organizational needs, workers are required to make communications relating to the non-possession of the green pass with the necessary notice to the employer to meet these needs.
What sanctions does the employer risk for failing to carry out the checks required by law?
The employer who does not check compliance with the rules on the green pass risks an administrative penalty ranging from 400 to 1,000 euros.